USCIS Clarifies 245(i) "Grandfathering" : Murthy.com

The Memo clarifies certain eligibility requirements for §245(i). The term "grandfathered" is a legal term essentially including a certain group of people under the law or exempting a group from a new law based upon a prior act or condition. To illustrate using an example with no bearing in reality, if a law is passed prohibiting people under 21 from driving, it might allow those who already have drivers' licenses to continue to drive, even if they are under 21 years of age. In this imaginary example, these existing drivers would be considered as "grandfathered in" because of their existing status as licensed drivers.
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To be grandfathered under §245(i), a person must be the beneficiary of a qualifying immigrant visa petition (usually I-130/I-140) or labor certification (not the Labor Condition Application used for H1Bs) filed on or before April 30, 2001. If the qualifying immigrant visa petition or application for labor certification was filed between January 15, 1998 and April 30, 2001, that person must also prove that s/he was physically present in the United States on December 21, 2000, on the date that the LIFE Act was passed. All potential beneficiaries of §245(i) must show that the petition or labor certification was properly filed and approvable when filed. This latter requirement essentially means that it had to be a good, valid case when filed, even if it ultimately did not result in a green card approval for some reason.